South Carolina probate
Probate is the legal framework for protecting estate property, addressing valid obligations, and transferring what remains to the people entitled to receive it.
Estate administration
Confirm domicile, locate the original will, identify heirs and devisees, and determine the proper county and proceeding.
Obtain the appropriate appointment, protect estate assets, and avoid transfers before legal authority and beneficiary rights are clear.
Identify probate and nonprobate assets, complete required valuation work, provide creditor notices, and evaluate claims.
Coordinate tax filings, real estate or business issues, fiduciary questions, and any contested proceedings.
Prepare an accounting and proposed distribution, obtain necessary approvals, and complete the appropriate closing procedure.
When a will is absent
If there is no surviving descendant, the surviving spouse receives the entire intestate estate. If descendants survive, the spouse receives one-half and the descendants receive the remaining half under the statute.
That rule applies to the probate estate—not necessarily life insurance, retirement accounts, survivorship property, or trust assets.
Read S.C. Code §§ 62-2-102 and 62-2-103 →Contested matters
Will contests, fiduciary-duty claims, disputed ownership, contested accountings, and requests to remove a personal representative can require formal proceedings, evidence preservation, and deadline analysis.
Discuss a dispute →Property in more than one state
A nonresident's South Carolina real estate may require a South Carolina proceeding, while a South Carolina resident's out-of-state real estate may require work in the other state.
Review Article 4 →Current-law note
For qualifying deaths, the personal-property affidavit procedure is available thirty days after death when the entire probate estate, less liens and encumbrances, does not exceed $45,000 and the other statutory requirements are met. The current Judicial Branch form is 420ES.
View current Form 420ES →A useful first step
A focused conversation can identify the immediate risks, likely process, and steps needed next.